TBA Law Blog


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Posted by: Julia Wilburn on Feb 24, 2023
News Type: Legal News

A special report on Tennessee State University from the state comptroller recommends lawmakers vacate and restructure the school’s board of trustees and hire new administrators, the Tennessee Lookout reports. Lawmakers tasked the comptroller’s office with examining a spike in enrollment at the historically Black university in Nashville and subsequent problems related to a lack of on-campus housing and the processing of scholarships. Several students and parents filed complaints with the state, triggering the examination. “The comptroller’s audit revealed some valid concerns that must be addressed, but the historical precedent and context that brought us to this point matters,” Sen. Charlane Oliver, D-Nashville, said in a statement. “The audit omitted the critical responsibility of the legislature to adequately fund the institution, which is a direct result of the situation that lends itself in today.”

Posted by: Julia Wilburn on Feb 24, 2023
News Type: Legal News

Shelby County will launch a committee to study the feasibility of reparations for the descendants of slaves, according to the Commercial Appeal. The current budget allocates $5 million until the committee “finds actionable items” addressing five areas, including access to affordable housing and homeownership, affordable healthcare, systemic disenfranchisement in the criminal justice system, career opportunities, financial literacy and generational wealth. Commissioner Edmund Ford Jr. said that the $5 million could potentially be reimbursed through funds from the American Rescue Plan Act, since those funds have been used to support things like workforce development, small businesses, housing and public health infrastructure.

Posted by: Stacey Shrader Joslin on Feb 23, 2023
News Type: Legal News

Attorneys general in 25 states including Tennessee are seeking an injunction against a rule from the U.S. Department of Labor that would impact how retirement plans are invested. Under the rule, certain fund managers would be allowed to make investment decisions based on nonfinancial or nonpecuniary factors such as “Environmental, Social, and Governance,” or ESG, considerations. Read more in a press release from the AG's office.

Posted by: Stacey Shrader Joslin on Feb 23, 2023
News Type: Legal News

The U.S. Sentencing Commission will hold its third public meeting this week after the U.S. Senate in August confirmed seven new members, reinvigorating a panel that had been unable to adopt new policies since losing its quorum in early 2019. The two-day hearing, set for today and tomorrow, will cover testimony on proposed amendments to the federal sentencing guidelines for areas including compassionate release and acquitted conduct. Read more from the commission.

Posted by: Stacey Shrader Joslin on Feb 23, 2023
News Type: Legal News

The Bureau of Workers’ Compensation is accepting nominations for the Sue Ann Head Award for Excellence in Workers’ Compensation now through March 10. Each year, the bureau recognizes an individual who stands out as a leader in Tennessee’s workers’ compensation system. Professionals eligible for the award must have contributed significantly to the success, overall fairness and efficiency of the system in one or more of the following areas: as an employer or employer’s representative, employee representative, service provider, claims professional, medical provider or legal professional. Read more about the award and how to make a nomination on the bureau’s website.

Posted by: Stacey Shrader Joslin on Feb 22, 2023
News Type: Legal News

The Court of Workers’ Compensation Claims is expanding services to lawyers and clients in rural areas by planning regular opportunities for settlement approvals in several counties. Judges on the court will hold remote proceedings in Clarksville, Columbia, Dresden and Morristown. Read more about the expansion and the policies in place for each of these areas.

Posted by: Stacey Shrader Joslin on Feb 22, 2023
News Type: Legal News

Leaders with the Tennessee Intergovernmental Affairs Court Improvement Program recently attended a workshop with court improvement staff from other states, the Administrative Office of the Courts reports. Director Stacy Lynch and Project Coordinator/Staff Assistant Elizabeth Whitt traveled to the “Liberating Structures Immersion Workshop,” which was designed to teach attendees how to utilize liberating structures to facilitate meetings, trainings, projects and more in a more collaborative, effective and productive manner. The two-day program was organized by the Oregon Court Improvement Program.

Posted by: Stacey Shrader Joslin on Feb 22, 2023
News Type: Legal News

The council of the ABA’s Section of Legal Education and Admissions to the Bar voted Friday to resubmit to the ABA House of Delegates its proposal to eliminate a requirement that accredited law schools use a standard admissions test like the LSAT or GRE. The House rejected the proposal at its midyear meeting several weeks ago. The council has asked the House to reconsider the proposal at its annual meeting in August, the ABA Journal reports. In other action last week, the council approved a suggestion from its Strategic Review Committee to allow up to 50% of a law school’s credits to be offered online without special permission. Currently, schools may offer up to up to one-third of their credit hours online. That recommendation will now be subject to a comment period.

Posted by: Stacey Shrader Joslin on Feb 22, 2023
News Type: Legal News

The Rutherford County juvenile detention facility is expanding its reach, housing youth from across the state, despite being under increased oversight. The county system came under fire in 2021 and was forced to pay more than $5 million for arresting and detaining children. Now, Nashville Public Radio reports that the system has contracts in place to house juveniles from 41counties across the state. One more is in the works. The station also reveals that the former juvenile court judge attempted to expand contracting across state lines. That effort, however, has been abandoned under the new administration.

Posted by: Stacey Shrader Joslin on Feb 22, 2023
News Type: Legal News

A fourth Memphis Fire Department employee is under investigation related to the death of 29-year-old Tyre Nichols, Memphis' chief legal officer said yesterday. The identity, rank and status of the employee is unknown. Chief legal officer Jennifer Sink told the Commercial Appeal that the individual came to the scene “much later and provided medical care and transported Mr. Nichols to the hospital.” She said the department has not "come to a final decision as to the action against him." Sink also told area media that officials may wrap up their internal investigations in the "next couple of weeks."


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